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The planning commission shall approve a conditional use permit if reasonable conditions are imposed to mitigate the reasonably anticipated detrimental effects of the proposed use of the adjacent properties and the public welfare. If reasonably anticipated detrimental effects of a proposed conditional use cannot be substantially mitigated by the proposal or imposition of reasonable conditions to achieve compliance with the applicable standards, the commission may deny a conditional use permit necessary for the protection of adjacent properties and the public welfare.
(Ord. 2006-3, 1-17-2006)
A. Decision; When Effective: The decision of the planning commission shall not become final and effective until fifteen (15) days after a final decision has been made by the planning commission. However, it shall not become final if, prior to the expiration of that fifteen (15) days, any aggrieved person files notice of appeal with the board of zoning adjustment.
B. Time Limitation: Any person aggrieved by decision of the planning commission may appeal to the board of zoning adjustment by filing such appeal with the department within fifteen (15) days after the final decision of the planning commission.
C. Filing: Said appeal shall be filed in accordance with the board of zoning adjustment rules of procedures.
D. Review: The board of zoning adjustment shall hear and decide appeals where it is alleged there is an error in any requirement, decision or determination made by the planning commission. Information shall be provided by the petitioner to the board of zoning adjustment, which explains those errors in the requirement or decision which the appellant feels were made by the planning commission.
(Ord. 2006-3, 1-17-2006)
Upon receipt of a conditional use permit, the applicant shall take such permit to the building official who will review the permit and conditions attached. Based on this review and compliance with any other items which might develop in the pursuance of the building official's duties, the building official may approve an application for a building permit and shall ensure the development is undertaken and completed in compliance with said permit and conditions pertaining thereto.
(Ord. 2006-3, 1-17-2006)
A. Unless there is substantial action under a conditional use permit within a period of eighteen (18) months from the date of submitting a complete application requesting a conditional use permit, the conditional use permit shall expire. The planning manager may grant a maximum extension of six (6) months under exceptional circumstances and provided there have been no ordinance amendments that would require revision to the site plan or change of use that may prohibit the approved conditional use permit.
B. An approved conditional use permit shall expire if a permitted use or a different conditional use replaces the use allowed under the permit. The conditional use permit shall also expire if the use is discontinued for a continuous period of one year. Once the conditional use permit has expired, a new conditional use permit shall be required in order to occupy the site.
(Ord. 2006-3, 1-17-2006; amd. Ord. 2022-20, 5-3-2022)
A. Once issued, a conditional use permit shall not be enlarged, changed, extended, increased in intensity, or relocated except by an approved amendment.
B. The reviewer of a conditional use permit amendment shall apply the same criteria and any amendment approval is subject to the same limitations and standards as a new conditional use permit.
C. The director may review an application for a minor conditional use permit amendment by following the process for development plan reviews within this title. A minor amendment is limited to any of the following:
1. A change that would not create new or increased reasonably anticipated detrimental effects on surrounding properties or the environment and that is:
a. Completely interior to buildings;
b. To the exterior of existing structures;
c. To the operating characteristics of the use that does not change requirements of the original permit; or
d. To a different conditional use within the same use category.
2. An addition that would increase the floor area or outdoor area occupied by the conditional use by no more than ten percent of the originally approved floor area or outdoor area, up to a maximum of two thousand (2,000) square feet.
3. A modification to a parking, loading or maneuvering area that adds no more than two thousand (2,000) square feet of impervious surface.
4. A modification to a telecommunication facility that replaces, modifies, or adds equipment on an existing tower or structure or modifies ground equipment and that does not increase the height or outer dimensions of the facility.
D. The director shall refer any conditional use permit amendment that is not minor to the planning commission.
E. A decision by the director is subject to the same appeal provisions as a decision by the planning commission, provided that any appeal shall be heard and decided by the planning commission.
(Ord. 2006-3, 1-17-2006; amd. 2021-47, 10-5-2021)
A conditional use permit may be revoked if any of the conditions or terms are violated; however, the holder of the permit shall first be afforded an opportunity to be heard before the planning commission and show cause as to why the permit should not be revoked. A violation of a condition or term of a permit shall constitute a violation of this code, and the revocation of a permit shall not prohibit prosecution or any other legal action taken on account of the violation. The decision of the planning commission to revoke a conditional use permit may be appealed to the mayor, in writing, within fifteen (15) days of the commission's decision.
(Ord. 2006-3, 1-17-2006)